United States Statutes at Large/Volume 5/24th Congress/2nd Session/Chapter 39
Chap. XXXIX.—An Act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of eighteen hundred and thirty with the Choctaw Indians.
1838, ch. 13.
1842, ch. 187.
[Expired.]
Three commissioners to be appointed by the President, with the advice and consent of the Senate; their duties.
Vol. vii. p. 333.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed by the President, by and with the advice and consent of the Senate, three commissioners whose duty it shall be to meet in the State of Mississippi at such time and place, as the President shall appoint and designate, and there proceed to ascertain the name of every Choctaw Indian who was the head of an Indian family at the date of the treaty at Dancing Rabbit Creek, who has not already obtained a reservation under said treaty, and who can show by satisfactory evidence, that he or she complied or offered to comply with all the requisites of the fourteenth article of said treaty, to entitle him or her, to a reservation under said article; and also the number and names of all the unmarried children of such heads of families, who formed a part of the family and were over ten years of age, and likewise the number and names of the children of such heads of families as were under ten years of age, and report to the President, to be, by him, laid before Congress, all the names of such Indians, and the different sections of land to which such heads of families were respectively entitled, together with the opinions of the commissioners, and whether any part of said lands have been sold by the Government, and the proofs applicable to each case.
Commissioners to appoint a secretary; his duties.Sec. 3. And be it further enacted, That said commissioners are hereby authorized to appoint a secretary whose duty it shall be to record correctly all the proceedings of said Board, and faithfully preserve the same, as well as all depositions and other papers filed before said Board, and who shall take an oath to discharge the duties imposed on him by this act.
District Att’y for Mississippi to attend board on request of Commissioners.Sec. 4. And be it further enacted, That upon the request of the Commissioners it shall be the duty of the District Attorney of the State of Mississippi, to attend said board, and give his assistance in procuring the attendance of witnesses, and his aid and advice in their examination, the better to enable the Commissioners to ascertain the facts correctly in each case.
Salaries of Commissioners and Secretary.Sec. 5. And be it further enacted, That each of said Commissioners shall receive, while in the discharge of the duties hereby imposed, a salary at the rate of three thousand dollars per annum, the secretary a salary at the rate of fifteen hundred dollars per annum, and the District Attorney a salary at the rate of two thousand dollars per annum, to be paid quarterly out of any money in the Treasury not otherwise appropriated.
Commissioners authorized to summon witnesses, &c.Sec. 6. And be it further enacted, That said Commissioners shall have full power to summon and cause to come before them, such witnesses as they may deem necessary, and to have them examined on oath, and if any witness shall testify falsely, with an intention to mislead said Commissioners, such witness shall be guilty of wilful and corrupt perjury, and shall, upon conviction before any jurisdiction having cognizance thereof, suffer the punishment by law inflicted on those guilty of that offence.
Nothing in this act to be so construed as to sanction the contingent locations made by G. M. Martin.Sec. 7. And be it further enacted, That nothing contained in this act shall be so construed as to sanction what is called contingent locations which have been made by George M. Martin for the benefit of such Indians, as were supposed to have been entitled to other lands, which have been sold by the United States: such contingent locations having been made, without any legal authority. It being the true intent of this act to reserve to Congress the power of doing that which may appear just when a correct knowledge of all the facts is obtained.
Act limited to 1st March, 1838.Sec. 8. And be it further enacted, That this act shall be in force to the first day of March eighteen hundred and thirty-eight next, and no longer.
Approved, March 3, 1837.